§21-5-7. Prime contractor's responsibility for wages and
benefits.
Whenever any person, firm or corporation shall contract with
another for the performance of any work which the prime
contracting person has undertaken to perform for another, the
prime contractor shall become civilly liable to employees engaged
in the performance of work under such contract for the payment of
wages and fringe benefits, exclusive of liquidated damages as
provided in subsection (e), section four of this article, to the
extent that the employer of such employee fails to pay such wages
and fringe benefits: Provided, That such employees have
exhausted all feasible remedies contained in this article against
such employer, but if the prime contractor has failed to notify
the commissioner as required by section sixteen of this article,
then the employee shall not be required to exhaust any remedies
against the employer: Provided, however, That such employer
shall become civilly liable to such prime contractor for any sum
of money paid by him under this section.